Jury Waiver Clause Applies in Pass-on Case
LVT Number: 15410
Landlord sued to evict rent-stabilized tenant's wife after tenant died. The wife claimed pass-on rights to the apartment and demanded a jury trial. The trial court ruled for the wife on that issue. Landlord appealed and won. Tenant's original lease had a jury waiver clause. Tenant's renewal leases all stated that the same terms and conditions as the original lease applied. Since tenant's wife sought pass-on rights under tenant's lease, she was bound by the jury waiver clause contained in that lease.
Fairfax Mgmt. Corp. v. Taveras: NYLJ, 10/5/01, p. 18, col. 1 (App. T.1 Dept.; McCooe, PJ, Davis, Suarez, JJ)